Request for administrative review, when made--temporary permit,duration--telephone hearings permitted, when--hearing, venue,conduct--decision, notice, final when--appeal for judicialreview--rulemaking authority.
302.530. 1. Any person who has received a notice of suspension orrevocation may make a request within fifteen days of receipt of the noticefor a review of the department's determination at a hearing. If theperson's driver's license has not been previously surrendered, it may besurrendered at the time the request for a hearing is made.
2. At the time the request for a hearing is made, if it appears fromthe record that the person is the holder of a valid driver's license issuedby this state, and that the driver's license has been surrendered, thedepartment shall issue a temporary permit which shall be valid until thescheduled date for the hearing. The department may later issue anadditional temporary permit or permits in order to stay the effective dateof the suspension or revocation until the final order is issued followingthe hearing, as required by section 302.520.
3. The hearing may be held by telephone, or if requested by theperson, such person's attorney or representative, in the county where thearrest was made. The hearing shall be conducted by examiners who arelicensed to practice law in the state of Missouri and who are employed bythe department on a part-time or full-time basis as the department maydetermine.
4. The sole issue at the hearing shall be whether by a preponderanceof the evidence the person was driving a vehicle pursuant to thecircumstances set out in section 302.505. The burden of proof shall be onthe state to adduce such evidence. If the department finds the affirmativeof this issue, the suspension or revocation order shall be sustained. Ifthe department finds the negative of the issue, the suspension orrevocation order shall be rescinded.
5. The procedure at such hearing shall be conducted in accordancewith chapter 536, RSMo, with sections 302.500 to 302.540. A reportcertified under subsection 2 of section 302.510 shall be admissible in alike manner as a verified report as evidence of the facts stated thereinand any provision of chapter 536, RSMo, to the contrary shall not apply.
6. The department shall promptly notify the person of its decisionincluding the reasons for that decision. Such notification shall include anotice advising the person that the department's decision shall be finalwithin fifteen days from the date such notice was mailed unless the personchallenges the department's decision within that time period by filing anappeal in the circuit court in the county where the arrest occurred.
7. Unless the person, within fifteen days after being notified of thedepartment's decision, files an appeal for judicial review pursuant tosection 302.535, the decision of the department shall be final.
8. The director may adopt any rules and regulations necessary tocarry out the provisions of this section.
(1985) Statute abrogates the power of a circuit court judge to issue an order staying the revocation of petitioner's license upon application of petitioner. State ex rel. King v. Kinder (Mo.banc), 690 S.W.2d 408.
(2002) Subsection 4 provision does not deprive agency or court of subject matter jurisdiction to hear challenge to notice of suspension. Whitelaw v. Director of Revenue, 73 S.W.3d 731 (Mo.App.E.D.).
Request for administrative review, when made--temporary permit,duration--telephone hearings permitted, when--hearing, venue,conduct--decision, notice, final when--appeal for judicialreview--rulemaking authority.
302.530. 1. Any person who has received a notice of suspension orrevocation may make a request within fifteen days of receipt of the noticefor a review of the department's determination at a hearing. If theperson's driver's license has not been previously surrendered, it may besurrendered at the time the request for a hearing is made.
2. At the time the request for a hearing is made, if it appears fromthe record that the person is the holder of a valid driver's license issuedby this state, and that the driver's license has been surrendered, thedepartment shall issue a temporary permit which shall be valid until thescheduled date for the hearing. The department may later issue anadditional temporary permit or permits in order to stay the effective dateof the suspension or revocation until the final order is issued followingthe hearing, as required by section 302.520.
3. The hearing may be held by telephone, or if requested by theperson, such person's attorney or representative, in the county where thearrest was made. The hearing shall be conducted by examiners who arelicensed to practice law in the state of Missouri and who are employed bythe department on a part-time or full-time basis as the department maydetermine.
4. The sole issue at the hearing shall be whether by a preponderanceof the evidence the person was driving a vehicle pursuant to thecircumstances set out in section 302.505. The burden of proof shall be onthe state to adduce such evidence. If the department finds the affirmativeof this issue, the suspension or revocation order shall be sustained. Ifthe department finds the negative of the issue, the suspension orrevocation order shall be rescinded.
5. The procedure at such hearing shall be conducted in accordancewith chapter 536, RSMo, with sections 302.500 to 302.540. A reportcertified under subsection 2 of section 302.510 shall be admissible in alike manner as a verified report as evidence of the facts stated thereinand any provision of chapter 536, RSMo, to the contrary shall not apply.
6. The department shall promptly notify the person of its decisionincluding the reasons for that decision. Such notification shall include anotice advising the person that the department's decision shall be finalwithin fifteen days from the date such notice was mailed unless the personchallenges the department's decision within that time period by filing anappeal in the circuit court in the county where the arrest occurred.
7. Unless the person, within fifteen days after being notified of thedepartment's decision, files an appeal for judicial review pursuant tosection 302.535, the decision of the department shall be final.
8. The director may adopt any rules and regulations necessary tocarry out the provisions of this section.
(1985) Statute abrogates the power of a circuit court judge to issue an order staying the revocation of petitioner's license upon application of petitioner. State ex rel. King v. Kinder (Mo.banc), 690 S.W.2d 408.
(2002) Subsection 4 provision does not deprive agency or court of subject matter jurisdiction to hear challenge to notice of suspension. Whitelaw v. Director of Revenue, 73 S.W.3d 731 (Mo.App.E.D.).
Request for administrative review, when made--temporary permit,duration--telephone hearings permitted, when--hearing, venue,conduct--decision, notice, final when--appeal for judicialreview--rulemaking authority.
302.530. 1. Any person who has received a notice of suspension orrevocation may make a request within fifteen days of receipt of the noticefor a review of the department's determination at a hearing. If theperson's driver's license has not been previously surrendered, it may besurrendered at the time the request for a hearing is made.
2. At the time the request for a hearing is made, if it appears fromthe record that the person is the holder of a valid driver's license issuedby this state, and that the driver's license has been surrendered, thedepartment shall issue a temporary permit which shall be valid until thescheduled date for the hearing. The department may later issue anadditional temporary permit or permits in order to stay the effective dateof the suspension or revocation until the final order is issued followingthe hearing, as required by section 302.520.
3. The hearing may be held by telephone, or if requested by theperson, such person's attorney or representative, in the county where thearrest was made. The hearing shall be conducted by examiners who arelicensed to practice law in the state of Missouri and who are employed bythe department on a part-time or full-time basis as the department maydetermine.
4. The sole issue at the hearing shall be whether by a preponderanceof the evidence the person was driving a vehicle pursuant to thecircumstances set out in section 302.505. The burden of proof shall be onthe state to adduce such evidence. If the department finds the affirmativeof this issue, the suspension or revocation order shall be sustained. Ifthe department finds the negative of the issue, the suspension orrevocation order shall be rescinded.
5. The procedure at such hearing shall be conducted in accordancewith chapter 536, RSMo, with sections 302.500 to 302.540. A reportcertified under subsection 2 of section 302.510 shall be admissible in alike manner as a verified report as evidence of the facts stated thereinand any provision of chapter 536, RSMo, to the contrary shall not apply.
6. The department shall promptly notify the person of its decisionincluding the reasons for that decision. Such notification shall include anotice advising the person that the department's decision shall be finalwithin fifteen days from the date such notice was mailed unless the personchallenges the department's decision within that time period by filing anappeal in the circuit court in the county where the arrest occurred.
7. Unless the person, within fifteen days after being notified of thedepartment's decision, files an appeal for judicial review pursuant tosection 302.535, the decision of the department shall be final.
8. The director may adopt any rules and regulations necessary tocarry out the provisions of this section.
(1985) Statute abrogates the power of a circuit court judge to issue an order staying the revocation of petitioner's license upon application of petitioner. State ex rel. King v. Kinder (Mo.banc), 690 S.W.2d 408.
(2002) Subsection 4 provision does not deprive agency or court of subject matter jurisdiction to hear challenge to notice of suspension. Whitelaw v. Director of Revenue, 73 S.W.3d 731 (Mo.App.E.D.).
